[HISTORY: Adopted by the City Council of the City of Columbia as Ch. 8.28 of the 1997 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Include, but are not limited to, the following: burdock,
ragweed (giant), ragweed (common), thistle, cocklebur, jimson, blue
vervain, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter,
wild lettuce, curled dock, smartweeds (all varieties), poison hemlock,
wild hemp and johnson grass and all other noxious weeds, as defined
by the statutes of the State of Illinois.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is unlawful for anyone to permit any weeds (other than weeds of the kind and character referred to in the above section hereof), grass or plants, other than trees, bushes, flowers, or other vegetable and ornamental plants, to grow to a height exceeding eight inches anywhere in the City; and such plants or weeds exceeding such heights are declared to be a nuisance.
The police, or any other person so designated by the Mayor or City Council, may issue a written notice for removal of weeds or grass. Such weeds or grass shall be cut by the owner or occupant within five days after such notice has been duly served.
Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of 15 years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner's address cannot be obtained, then the notice may be served by posting the same upon the premises.
If the person so served does not abate the nuisance within five days, the City may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant.
Charges for such weed removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expense thereof incurred by the City shall be recorded in the following manner: 1) a description of the real estate sufficient for identification thereof; 2) the amount of money representing the cost and expense incurred or payable for the service; 3) the date or dates when said cost and expense was incurred by the City, and shall be filed within 60 days after the cost and expense is incurred.
Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.
Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the City after a lien is in effect for 60 days.